Decided on January 10,1985

Shri Lalthuamliana Appellant
Union Territory Of Mizoram And Ors. Respondents


K.N. Saikia, J. - (1.)BY Government of Mizoram, Appointment 'B' Department's Notification No. ABR. 30/77/1, dated 30th April, 1977(Auncxure II to the Pertition), consequent upon the decision of the Government of India, to implement the scheme foe reorganisation of the ministerial cadres of Mizoram Government, finding it necessary to maintain common seniority lists of the Superintendents, Assistants including Head Assistants of some district level offices and Upper Division Clerks and to fix inter se seniority among the incumbents of the above three categories of posts, a committee was appointed by the Government of Mizoram to lay down the principles for fixation of inter se seniority for the existing incumbents and to prepare common seniority lists for the above three categories of the ministerial staff. By Government of Mizoram, Appointment Department, Re -Organisation Cell, Office Memorandum No. A -23021/l/80 -API(R) dated 4th June, 1981 (Annexure 'V' to the petition), the Lt. Governor (Administrator) of Mizoram after giving due consideration to the representations received in response to that Department Office Memorandum No. A.l2011/1/80 -AAT(R) dated 6th March, 1981, was pleased to fix the Inter se seniority of 22 Superintendents in the scale of Pay of Rs. 550 -900/ - p. m. in the Mizoram Admnistration. The Petitioner was shown at Serial No. 14, in this notification. The Petitioner impugns the recommendation of the Departmental Committee made in the pay Committee Report creating a common cadre of Superintendents and the above Notification is well as the Office Memorandum containing the inter se seniority list.
(2.)THE Petitioner joined the Assam Civil Secretariat at Shillong as Lower Division Clerk on 22.8.1957; was confirmed in that posten 22.8.1961; was promoted as Upper Division Assistant on 22 9.1970 and he joined the post on 28.9.1970. After the Union Territory of Mizoram was curved out of Assam, the Secretary to the Government of Assam, T. A. P. (Mizo Cell, released the Petitioner on 1.5.72 under the North Eastern Areas (Reorganisation) Act, 1971 to enable him to report to the Chief Secretary to the Government of Mizoram immediately, On 6.5.1972 order was issued by the Deputy Secretary to the Government of India, Ministry of Home Affairs, in exercise of the powers conferred by Section 64(2) of the said Act allocating the Petitioner alongwith others belonging to the Government of Assam to join the Union Territory of Mizoram; and the Petitioner joined the Mizoram Secretariat at Aizawl on 31.5.1972 as an Upper Division Assistant and on 13.1.1975 be was promoted to the post of Assistant Superintendent in the Mizoram Secretariat, This much was before the impugned reorganisation on basis of the pay Committee's report. In 1975 as per its pay Committees Report, the Government of Mizoram, merged the post of non -gazetted Superintendents in the Departments with those of Assistant Superintendents in the Secretariat and all those posts were redesignated at Superintendents on 30.4.1977, The impugned notification dated 90.4.1977 (Annexure II to the petition) was issued pursuant to that decision for its implementation. It appears that for its statutory basin service rules ware to be made, By notification dated 24.11.78 the posts of Superintendent in the Secretariat in the scale of Rs. 550 -to 900/ - P.M. was declared to be gazetted posts.
By Notification No. ABR.84/77/23 -28 dated 29th August, 1979 published in the Mizoram Gazette Extra -ordinary dated 28.9.1979, in exercise of the powers conferred by the proviso of Article 339 of the Constitution of India read with the Government of India, Ministry of Home Affairs Notification No. 14/21/71 -HMT (ii) dated 21st January, 1972 and all other powers enabling him in that behalf the Administrator of Mizoram was pleased to make the Mizoram Secretaries Group 'A' Recruitment Rules, 1977 governing the recruitment to the posts of Deputy Secretaries and Under Secretaries in the Mizoram Secretariat. The Under Secretaries' posts were to be filled up by promotion, 50% of the vacancies from the Secretariat Superintendents who are confirmed as such and have rendered not less than 3 years experience for Senior Superintendent and 5 years experience for Superintendent in their grades, and 50% of the vacancies from Civil Service Officers. It may be noted that the 1977 Rules, were published in 1979 which were given effect to from the date of publication.

(3.)BY a notification dated l6th September, 1980 (Annexure IV to the petition) It was notified tout the Government of India had informed that the recommendation of the Departmental Pay Committee for effecting the changes in the ministerial cadres its Mizoram were accepted by the Government of India ; and that the said recommendations could be implemented by the Government of Mizoram under their own power ; and that with a view to implementation of the reorganisation all future recruitments/promotions should be made strictly according to the decisions indicated in that notification ; and that a common n Recruitment Rule for the ministerial cadres in Mizoram under examination and would be circulated in due Courts. This notification contained decision as regards recruitment at of L.D.O., U.D.Cs and to have common cadre for Assistants and Superintendents for all affairs under the Government and to place the management of the cadres of Assistant and Superintendent centralised under the charge of a Secretary, and it fixed the date of reorganisation as 14.4.76. Meanwhile the Government having prepared a provisional seniority list the Petitioner relied a representation against it on 15.1.1981, when the second provisional seniority list was prepared, the Petitioner submitted another representation dated 14.3.1981. By the impugned office memorandum dated 4.6 1981 the common seniority list was published where the Petitioner was shown at SI. No. 14 as stated above. Hence this petition.

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